Wrongful Death Attorney

Proudly Serving Greenville County, the Upstate, the Midlands, & Low Country of South Carolina

Wrongful Death is defined as a death that is caused by the wrongful act, neglect, or default of another. The wrongful act, neglect, or default that causes the death must be the type of action that would have allowed a personal injury claim to be filed. Wrongful Death claims are governed by statutes. Generally the statutes define who may sue, and what may be applied to an award of damages. No amount of money will be able to replace a loved one or bring a loved one back, but such an award for damages may help a family start to rebuild their lives.

In South Carolina a wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. The executor or administrator is often named in the deceased estate plan. If there is no estate plan, or the named administrator cannot or does not wish to serve, the court may name an executor or administrator. The surviving family members who can recover damages in SC wrongful death cases include: the surviving spouse and children of the deceased person, the surviving parents of the deceased person, if there is no spouse of child, and the heirs at law of the deceased person, if there are no parents, spouse, or children.

Damages that may be awarded in wrongful death claim include compensations for:

funeral and burial expenses

medical bills and expenses related to the deceased person’s final illness or injury

lost wages and benefits

property damages and other financial losses related to the death

loss of the deceased person’s experience, knowledge, and judgment

loss of the deceased person’s care, companionship, and protection, and

pain, suffering, and mental anguish suffered by the surviving family members

Also, if the conduct that caused the death was deliberate or reckless, the court may also award exemplary damages, or punitive damages. Unlike other types of damages punitive damages are not awarded to compensate the family or estate for losses resulting from untimely death, they are intended to punish wrongdoers and serve as a deterrent for others who might engage in similar conduct.

Every situation is different so it is important to contact an experienced lawyer to handle the stress for you. Contact The Law Offices of Perry B. DeLoach, Jr., LLC at (864) 520-1101 for your FREE LEGAL CONSULTATION today.